Milpitas, CA Public Conduct: Public Alcohol Use (2026)

Chapter 400 of the Milpitas Municipal Code contains two related bans. Section V-400-1 makes it unlawful to possess an opened bottle, glass, can, or other receptacle containing an alcoholic beverage, including wine or beer, with a broken seal or partially removed contents, in or upon a public place. Section V-400-2 separately bans actually drinking or consuming any alcoholic beverage or intoxicating liquor in a public place. Section V-400-3 defines "public place" broadly to include any alley, street, highway, sidewalk, parkway, City parking lot, playground, school grounds, bus station, or other public property open or accessible to the general public that is not licensed for alcohol consumption, but it expressly excludes City parks as defined in Section V-9-1.01, meaning the open-container and consumption bans in Chapter 400 do not, by their own terms, reach city parks.

Section V-400-4 lets the City Council authorize possession or consumption of alcohol at a specific public place, which is how permitted events such as beer gardens or festivals with alcohol service are allowed to operate on otherwise-restricted public property. The ordinance dates to 1997 with a 2001 amendment refining the public-place definition to carve out City parks.